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(영문) 서울고등법원 2018.05.02 2018누30817
방광잔뇨량측정검사비용신고 불인정처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment, is as follows: (a) adding the following to the right side of 12 pages 5 of the judgment of the court of first instance; and (b) admitting the same as the reasoning of the judgment of the court of first instance, except to supplement or add the judgment as follows 2; and (c) accordingly, it is acceptable in accordance with Article 8(2) of the Administrative Litigation

Before conducting the examination of motor vehicle insurance medical fees, “ Prior to the Defendant’s performance of such examination, the insurance company, etc. directly conducted the examination and caused problems that lack of consistency and expertise in the examination, so that the Defendant, who has expertise in the review of the health insurance, entrusted the examination to the Defendant with the examination of the motor vehicle insurance medical fees to ensure objectivity and public nature, and the examination of the motor vehicle insurance medical fees conducted by the Defendant is different from that of the health

2. Supplementary and additional Plaintiff asserts as follows.

The Minister of Land, Infrastructure and Transport has the authority to determine the standards for motor vehicle insurance medical fees. The Minister determined the medical fees for non-benefit medical treatments as actual expenses required for the relevant medical treatment, and delegated the receipt of the expense calculation table submitted by the medical institution to the defendant in order to determine medical fees by ascertaining the actual expenses.

A medical institution’s report on expenses for non-payment of medical fees is a service prior to the filing of a claim for medical fees. The Defendant’s duty to review and adjust medical fees begins as “after a medical institution claims medical fees” and thus, the Defendant’s duty to accept the report on expenses for non-payment of medical fees is not a service performed in the position

In addition, if the defendant's non-payment of non-payment costs is recognized, the amount of the non-payment medical fees should be determined.

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